What are implied powers based on?

Implied powers are derived from the Necessary and Proper Clause of the Constitution, also known as the elastic clause. This clause grants Congress the authority to pass laws that are not explicitly listed in the Constitution but are necessary to execute its enumerated powers effectively.

The framers of the Constitution recognized that it would be impossible to list every power needed by Congress to govern effectively. Thus, the Necessary and Proper Clause provides flexibility, allowing for the development of laws and powers that can adapt to changing circumstances and needs. This understanding allows Congress to legislate in areas that may not have been specifically detailed in the Constitution, as long as such legislation is in pursuit of its enumerated powers.

While specific enumerations in the Constitution outline the explicit powers granted to Congress, it is the Necessary and Proper Clause that justifies the broader application of these powers. Other options, such as state constitutions or international treaties, do not provide the basis for implied powers. Instead, they relate to different aspects of governance and legal authority within the United States.